Pet Custody Case
By Amy Leisinger
I never would have thought that Clinic would hit so close to home.
Right now, I am working on a case for a person who fell on some hard times a couple of years ago. He was forced to move from his pet-friendly home and was unable to move his pets with him to his temporary new home. Several friends took over caring for the pets.
However, when he found a new home in which in his pets could live, his friends refused to give his pets back. My client filed a pro se lawsuit for the return of his pets. He later sought help from the Clinic.
In my opinion, this a fairly clear case of bailment and conversion. Bailment is essentially to put one's property in the possession of another so that this other individual can take care of the property. Such individuals are obligated to take reasonable care to protect the property turned over to them. However, as soon as the owner of the property subject to bailment comes back to claim the property, the bailee is obligated to return the property to its rightful owner. If this person does not return the property, the person is liable for conversion of the property. (Remember "conversion" from your torts class?)
Despite the seeming clarity of this case, the pets have not been returned. Hopefully, my client, the defendants, and I can get this matter resolved without going to trial, but there is some animosity between the parties. It's just too bad that this animosity has to affect someone's pets. I know how broken up I would be if someone took my pet and wouldn't give it back. That's why being involved in this case and in Clinic is so important to me.
Carry On
Nothing in the world will take the place of persistence. Talent will not; nothing is more common than the unsuccessful person with talent.
Genius will not; unrewarded genius is almost a proverb.
Education will not; the world is full of educated derelicts.
Persistence and determination alone are omnipotent. The slogan "press on" has solved and always will solve the problems of the human race.
— Calvin Coolidge
